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Focus Antitrust - 23 September 2015

23 September 2015

In The News

CMA considers request for referral back of Three/Telefonica (O2) merger

The CMA is considering making an Article 9 request to the European Commission in relation to the acquisition by CK Hutchison Holdings Ltd of Telefonica Europe plc (O2 UK). The merger has been notified to the Commission and the CMA is seeking views on the appropriateness of the merger being referred to the CMA for investigation and whether the merger may be expected to result in a substantial lessening of competition within any markets in the UK. Click here.

CMA asks European Commission to examine airline passenger service systems merger

The CMA has asked the European Commission to investigate the merger of Amadeus and Navitaire, which both supply IT solutions, including passenger service systems, to airlines and other customers in the UK, Europe and across the world. The proposed acquisition qualifies for investigation by multiple EU Member States, including the UK, and the CMA believes that in this instance it would be appropriate for the European Commission to undertake a single investigation on behalf of those Member States that wish to transfer jurisdiction to it. Click here.


Articles 101 and 102

The ECJ has issued a judgment reducing the fine imposed on Total in relation to the paraffin wax cartel. The ECJ found that the General Court erred in not reducing the fine imposed on Total to reflect the reduction granted, in a separate judgment, to its subsidiary Total Marketing Services, given that Total’s liability derived solely from it being a parent company. Click here.


The European Commission has approved at phase 1 the proposed acquisition of Freescale (of Bermuda) by NXP (of the Netherlands). Both companies manufacture semiconductors at the global level. The approval is conditional upon NXP divesting its radio frequency power business. Click here.



The CMA has formally cleared the proposed merger between Ashford and St Peter’s Hospitals NHS Foundation Trust and Royal Surrey County Hospital NHS Foundation Trust following a phase 2 merger investigation. The decision confirms the provisional findings that were published last month. Click here.

The CMA has formally cleared Poundland’s anticipated acquisition of 99p Stores. This confirms the CMA’s provisional findings, which were published in August. Click here.

The CMA has extended the timetable for its investigation into the energy market. It is now planning to publish its provisional decision on remedies in January 2016 with a view to reaching its final decision by the end of April 2016. Click here.

The CMA is consulting on whether to review undertakings relating to the operation of the Rough gas storage facility. The undertakings were given by Centrica Storage Ltd and Centrica plc following a Competition Commission report into Centrica’s acquisition in 2002 of the facility. Click here.

This article was written by Paul Stone. For more information please contact Paul on +44 (0)20 7203 5110 or at paul.stone@crsblaw.com